Lawyers, Answer Questions  & Get Points Log In
Arizona Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Arizona on
Q: If someone is impeding your movement IE standing in a doorway and will not move after being asked, is it a violation of

IE standing in a doorway and will not move after being asked to move is it a violation of any Arizona state laws to attempt to push them aside? Also after attempting to push them aside is it a violation of the law for them to assault you and place you in a chokehold.

Mike Branum
Mike Branum answered on Jan 15, 2021

While you could potentially be guilty of assault criminally, you could potentially argue you had no choice but to touch the alleged victim in order to facilitate your escape from the situation (provided, of course, it was your only means of egress). Assaulting you and placing you in a chokehold... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Arizona on
Q: Stolen title, insurance fraud, and fraudulent title transfer

My ex stole my title, unsigned but yes with the bill of sale I was given showing proof of payment for said vehicle, it was MY title. my roommate signed said title and now is the owner of my vehicle. He doesn't have keys nor does he have the vehicle itself. I do. I need help. PLEASE

Mike Branum
Mike Branum answered on Jan 12, 2021

I would hope if you are posting here that you have already contacted law enforcement and they were of no assistance. If not, you should contact the law enforcement agency for the jurisdiction and file a criminal complaint.

If law enforcement involvement does not resolve your issue, you will...
Read more »

2 Answers | Asked in Criminal Law for Arizona on
Q: Under what ground are you not assigned a lawyer in pinal County

I was long formed for shoplifting given a court date I went in and told the judge not guilty they assigned me another telephonic court date in which the County attorney presented information to me and gave me options one would include a plea and I don't understand any of it and I asked if a... Read more »

Matthew Maerowitz
Matthew Maerowitz answered on Dec 28, 2020

You always have the right to an attorney meaning at any point you can consult or hire a lawyer. You are only entitled to have the court appoint an attorney for you if you are indigent and the punishment may involve the loss of liberty. In some courts, the judge will appoint an attorney any time... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: How to make sure my last wishes (to have sexual relations with my husband or others) (notarized in will) legal?
Mike Branum
Mike Branum answered on Dec 28, 2020

Your question does not make sense. If you have a legitimate question, I would suggest you attempt to express it in such a way that the attorneys on Justia are able to provide you with a response. Have a great 2021!

1 Answer | Asked in Criminal Law for Arizona on
Q: Can u travel from AZ to Tn with a 10 yr old warrant
Matthew Maerowitz
Matthew Maerowitz answered on Dec 23, 2020

A warrant is still a warrant no matter how old it is and you can be arrested at any point until you resolve the warrant. Does this mean you will definitely be arrested the second you step foot in Tennessee? No, but you are at risk whenever you have any contact whatsoever with law enforcement. If... Read more »

3 Answers | Asked in Criminal Law for Arizona on
Q: How do I go about getting a court appointed lawyer after receiving a citation?
Matthew Maerowitz
Matthew Maerowitz answered on Dec 21, 2020

You can ask for a court appointed lawyer at your court date listed on the Traffic Ticket and Complaint. You will then be asked to provide the court with your financial information so the court can determine whether you are indigent. Many courts will not appoint a public defender unless the State... Read more »

View More Answers

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: CAn you oppose a motion for extension of time to file answering brief

The State of AZ filed an unopposed motion for extension of time to file answering brief and I want to know if I can contest it.

Matthew Maerowitz
Matthew Maerowitz answered on Dec 20, 2020

A Motion for Extension of time can be contested; however, if it is "unopposed" that means the State of Arizona already sought the other side's position and did not object or did not timely object. Typically, a judge will grant an extension even if opposed unless there is good reason... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: If I get a copy of my criminal record and then share it with a potential employer, is that an offense of any kind?
Mike Branum
Mike Branum answered on Dec 16, 2020

Sharing a copy of your own criminal record is not an offense of any kind.

1 Answer | Asked in Criminal Law for Arizona on
Q: I would like to know if the following situation is considered a conflict of interest in Arizona.

One of the detectives on a murder case is the blood related first cousin of one of the suspects or persons of interest. They have conversations regarding said case, some on the record some off. Is this a conflict of interest because of the family relation? Thank you in advance!

Mike Branum
Mike Branum answered on Dec 14, 2020

"Conflict of interest" in the legal sense is different from the common way the phrase is used. I presume what you really want to ask is "can I get the detective in trouble / thrown off the case because I think their cousin killed my friend?" The short answer is probably not. The... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Arizona on
Q: How can I dismissed a misdemeanor over half an .Oz of marijuana in Arizona?

Possession of marijuana in Arizona

California resident (Legal in CA)

Criminal charged

First offense

No doctor letter

Officer told me its a misdemeanor

Court: Parker Magistrate (Dec. 2)

Matthew Maerowitz
Matthew Maerowitz answered on Dec 11, 2020

In light of Arizona Prop 207 legalizing possession of up to 1 ounce of marijuana for individuals over 21, the prosecutor should agree to dismiss. Do NOT plead guilty to possession of marijuana. You should privately consult an attorney who can help discuss further.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Arizona on
Q: A couple of months ago my niece told my daughters she was being abused by her Dad.

A week ago she attempted suicide and no one told the people caring for her about this. Im not sure what I can do I feel like if I call CPS or even the police my family may lie. This maybe her only chance to get help and I feel like they will try to discredit me.

Mike Branum
Mike Branum answered on Dec 11, 2020

If something happens to her and you did not report it, you will have to live with that. If you believe your daughters are being truthful and if you believe they will share what your niece told them with investigators, then I feel you have a duty to report the situation and let the chips fall where... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: Can the state still place a restitution registration lein on a vehicle if it already has a lein holder on it.

If the vehicle has a lein holder but registered to the person that owes the restitution can they stop them from being able to register the vehicle.

Mike Branum
Mike Branum answered on Dec 10, 2020

A criminal restitution order can absolutely be used to place a registration lien on a defendant which will prohibit the registration of a vehicle until the restitution is paid.

Q: Fired for restraining an out of control fellow worker I was assaulted by at work in front of management. Days after.

Management deleted hours work prior to terminations.

Kyle Anderson
Kyle Anderson answered on Nov 25, 2020

More facts are needed to analyze your situation. Arizona is an at will employment state, meaning you can be terminated for any reason or no reason at all. The only protection you can usually get from a legal standpoint is if the termination is based on your race, religion, sex, etc.

If...
Read more »

1 Answer | Asked in Criminal Law and Constitutional Law for Arizona on
Q: I was convicted of misdemeanor possession of offensive weapon in NYS in 1992. Will this prevent me from purchasing a

Firearm in my now residential state of Arizona. The p.o.w. charge was for a knife with knuckle holes laying in the back of my truck. Said knife is not illegal in Arizona so would that fall under state misdemeanor?

Mike Branum
Mike Branum answered on Nov 18, 2020

It sounds like you are referencing a fourth degree weapons charge. That is a class A misdemeanor in New York, punishable by up to 364 days in jail. Since the crime you were convicted of does not carry the potential for incarceration over one year, you should be able to pass a background check. If... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Arizona on
Q: Does sexual abuse include a male making a minor strip naked?
Jerald Schreck
Jerald Schreck answered on Nov 3, 2020

The elements of the crime of Sexual Abuse in Arizona (A.R.S 13-1404), regarding minors, depends on the age of the particular minor. If the minor is fifteen or more years of age, then sexual abuse is committed when the accused, without consent engages in sexual contact with the minor. Sexual contact... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How do I get a public defender to sit and discuss my felony drug case now I got to make a choice to plea or trial?

My felony dangerous drug case has been going on for 1 1/2 yrs and out of five public defender's who all quit due to "conflict of interest" on their part, has not one of them even asked me about the case or wanted to discuss it so now the other day my public defender texts me telling... Read more »

Jack Litwak
Jack Litwak answered on Oct 22, 2020

You need to contact your attorney in writing, via email, and ask to sit down to discuss everything. Before the meeting you should request copies of your discovery (police reports, and any evidence the state intends to use to support their case at trial). The attorney should then walk you through... Read more »

1 Answer | Asked in Criminal Law for Arizona on
Q: How can a person be found guilty in trafficking in stolen goods when they didn't know it was stolen?

I found jewelry in trash found at curb. (I find so much on curbs and make money selling it on FB marketplace) Took it to coin shop to see if it was gold. I got $182 for it. Fast forward. I took it to trial and was found guilty by jury. Gods honest truth I did not steal it nor did I know it was... Read more »

Mike Branum
Mike Branum answered on Oct 18, 2020

You can be CHARGED with anything. The State will still have to prove your guilt. If you were in possession of stolen goods, the prosecutor will assume you're guilty. Only the COURT offers you the presumption of innocence, the prosecutor is not so bound.

1 Answer | Asked in Criminal Law for Arizona on
Q: How do you get your public defender changed?
Mike Branum
Mike Branum answered on Oct 13, 2020

Hire a private attorney.

1 Answer | Asked in Criminal Law for Arizona on
Q: My friend is in jail with this charge CR20011581FE. Do you know what that charge is?
Mike Branum
Mike Branum answered on Oct 6, 2020

That is actually the case number, not the charge. I'm not sure though county the case is in, but I am guessing "FE" stands for "felony". If that is correct, then at least one of the charges (there could be more than one) is fairly serious.

1 Answer | Asked in Criminal Law and Civil Rights for Arizona on
Q: Whlt are my rights as a property owner after displaying a no trespassing sign if I catch someone on my property damaging

Don't answer the way they want you too answer truthfully

Mike Branum
Mike Branum answered on Sep 30, 2020

Capture video evidence and call 911. After you have contacted 911, you may, if safe to do so, request the parties stop damaging your property and leave. While Arizona law does allow citizens to use physical force in a reasonable manner to stop theft or damage to personal property, it is an... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.